Your Rights & Responsibilities.
Frequently Asked Questions about Your Rights:
- Can I enter treatment on my own?
- Yes you can, however, this action alone will not permit you to return to safety-sensitive duties (your job). DOT regulations required that you go to a qualified SAP for an evaluations, follow the SAP recommendations, and have a follow-up evaluation with the SAP prior to being considered for readmission into safety-sensitive functions in the DOT industry.
- Can I go to work for another company with an active DOT violation?
- Every DOT employer is required to obtain your drug/alcohol testing records from your previous employers for the previous 2 years. Your previous employer is required to report this violation. If there is no SAP report documenting compliance, no employer is permitted to hire you for DOT safety-sensitive functions until you have completed thereturn-to-duty process successfully. At minimal, the previous employer’s records must include the initial evaluation by a qualified SAP and the follow up evaluation documenting your compliance with the SAP’s recommendations.
- Can I go to work for an employee that is non DOT without having to complete the SAP evaluation?
- Yes. If you choose to work for a non DOT employer (any job not requiring safety-sensitive clearance), you do not have to complete the SAP process.
- What if I do not list my previous employers in an application form?
- The Department of Transportation will hold you accountable under civil penalties and fines when it is discovered that you have provided safety-sensitive functions without completing the return-to duty process successfully. Ommiting the truth or Falsifying applications is a serious offense!
- I have received a workplace violation in a safety-sensitive position, do I have to go through a SAP?
- Yes! When a person has a DOT workplace violation, the only person who can perform the required evaluation is a SAP. The Department of Transportation requires that an employee with a DOT violation MUST be evaluated by a SAP.
Your Rights:
As a client,
- You have the right to be treated with respect.
- You have the right to confidentiality and to expect your records to remain confidential except where prohibited.
- You have the right to privacy during an assessment.
- You have the right to be part of your treatment decision process where it doesn't hinder the recommendations from the SAP for public safety (you can help create your tretment plan and aftercare plan).
- You have the right to be free from physical, verbal, & sexual abuse.
- You have the right to request a copy of your file (fees may apply for copies).
- You have the right to be evaluated by & treated by licensed professionals in the field.